Kuelling v. Roderick Lean Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Monroe County. Action by Reinhard Fuelling against the Roderick Lean Manufacturing Company. The action was commenced on the 19th day of March, 1903, to recover damages for bodily injuries sustained by the plaintiff on the 3d day of September, 1902, by being run over by a land roller manufactured by the defendant, which injuries are alleged to have been caused solely through the defendant’s negligence'. Judgment for plaintiff. Defendant appeals.
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Appeal from Trial Term, Monroe County. Action by Reinhard Fuelling against the Roderick Lean Manufacturing Company. The action was commenced on the 19th day of March, 1903, to recover damages for bodily injuries sustained by the plaintiff on the 3d day of September, 1902, by being run over by a land roller manufactured by the defendant, which injuries are alleged to have been caused solely through the defendant’s negligence'. Judgment for plaintiff. Defendant appeals. Reversed.
1Opinion of the CourtMcLENNAN, P. J.
The defendant, a foreign corporation organized under the laws of the state of Ohio, was engaged in the manufacture and sale of land rollers and other farm implements at Mansfield, in that state. About the 5th day of September, 1901, the defendant, in the regular course of trade, sold 11 land rollers manufactured by it to Weaver, Palmer & Richmond, who, as copartners, were engaged in the business of buying and selling farm implements and machinery at the city of Rochester, N. Y. In April, 1902, Fuller & Barnhart, of Fairport, N. Y., who were engaged in the same business, purchased one of the…
2Cases cited12 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Devlin v. . SmithNew York Court of Appeals · 1882
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Loop v. . LitchfieldNew York Court of Appeals · 1870
- Schubert v. J. R. Clark Co.Supreme Court of Minnesota · 1892
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3Cited by1 opinion
- Kuelling v. Roderick Lean Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1904